Unconstitutional? Since When Have the Rules Mattered?

“Rules are mostly made to be broken and are too often for the lazy to hide behind” – Douglas McArthur

A federal judge ruled today that the Obama’s Health Care Reform bill is unconstitutional. The argument boils down to the individual mandate to buy insurance, which is (1) unconstitutional, and therefore cannot stand, and (2) [new to this ruling] is not severable from the rest of the bill, therefore the whole bill is unconstitutional. Obviously there will be appeals.

For those who despise this unconstitutional and, quite frankly, immoral bill, don’t take heart in the ruling just yet. Since when have the rules mattered when the benevolent government was out to help people?

Individual mandate unconstitutional? Well, so is Social Security, Medicare, Medicaid, and any other entitlement – they exceed the powers allotted to Congress in the Constitution, which clearly states that the powers not granted Congress are reserved for the individuals and the states. And yet, by some miracle of judicial negligence and activism, we have all of these programs nonetheless.

How? Simple. We use the phrase “promote the general welfare” as a catch-all. As long as the government meant well, that is, wanted to promote the general welfare, then anything they do is allowable under the constitution. Maddening.

To my Christian friends out there who support programs like these entitlements, I hope you  also support the rule of law. If we want these programs (debatable), then let us at least amend the Constitution to make them kosher. “Well, that would be very difficult to do, amending the constitution isn’t easy” – yes, sometimes doing the right thing is difficult, yet we are called to do so all the same.

So we’ll see where the legal challenges end. Obviously it will get all the way to the Supreme Court. Which way they’ll rule is anybody’s guess. Right now, I’d guess 5-4 in favor of striking down the bill, or at least portions of it. That said, there are only four you can reasonably count on to vote with the legal confines of the law on something like this (Alito, Scalia, Roberts, Thomas). The rest are flaky, gladly flouting the constitution if they like a particular bill or statute and want to keep it around.

For now, the ruling is a positive sign. The grand insurance-company-giveaway of the Obama health care overhaul plan has been dealt a blow.

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